How to File a Workers’ Compensation Claim in New Jersey

filing workers comp claim in NJIf you have been injured at work in New Jersey, you may be eligible to receive workers’ compensation benefits. Workers’ compensation is a type of insurance that provides medical benefits and wage replacement to employees who are injured during the course of their employment. In exchange for this package of no-fault benefits, injured workers are generally prohibited from asserting third-party personal injury claims against their employers for negligence. Only under the most extreme circumstances can an injured worker sustain a separate lawsuit against their employer for personal injury.

All employers in New Jersey must have workers’ compensation insurance coverage for their employees. The majority of employers fulfill this obligation by purchasing a policy of workers’ compensation insurance from an insurance company. Large employers with substantial financial resources may under certain circumstances gain approval to self-insure.

Filing a Workers’ Compensation Claim in New Jersey

If you are hurt on the job, the first thing to do is to seek emergency medical attention. The next step is to notify your employer about your injuries and comply with your employer’s reporting procedures. This will allow the employer to report the claim to their workers’ compensation insurance carrier and ensure you receive appropriate benefits from the start. The longer you wait to report an injury, the easier it becomes for an insurance company to deny your claim. Next, contact an experienced workers’ compensation lawyer, who can file a claim with the State of New Jersey and see that you receive the proper benefits during your recovery period.

  • Report Your Injury

    You should report your injury to your employer right away. Based on the circumstances of the accident and injury, you should have a reasonable period of time to notify your employer, however it is still best to do so as soon as possible. Your employer and their insurance company will be suspicious of your claim if you wait too long to report without good reason. If you wait too long and there is no good reason for the delay, you could lose your right to receive workers’ compensation insurance benefits altogether.

    Workers’ compensation insurance must pay for all necessary and required medical treatment for your work injury, up until the point you reach Maximum Medical Improvement (MMI). In NJ, your employer is given the right to choose your treating doctors, however emergency treatment received immediately after a work accident is usually covered by workers’ compensation.

  • Contact a NJ Workers’ Compensation Lawyer

    An experienced NJ workers’ compensation lawyer can file a claim with the state on your behalf and ensure you receive the full measure of benefits that you deserve. An attorney is paid on a contingency basis in theses cases, meaning the lawyer only gets paid when they secure a financial recovery for you. An attorney can level the playing field and deal with the insurance company and their representatives on your behalf, allowing you to focus on your treatment and recovery.

  • Receive the Benefits You Deserve

    Workers’ compensation insurance provides three primary benefits in NJ. First, injured workers are entitled to paid medical treatment up until the point an authorized treating doctor says they have reached MMI. Second, if the injured worker is deemed temporarily totally disabled by an authorized treating doctor, and is out of work more than 7 days, they may qualify for temporary disability payments. These are payments that replace lost wages while the injured individual is unable to work. Third, the injured worker may qualify for an award of total or partial disability after medical treatment is complete.

  • Don’t Wait – Call Today

    Whether you contact a lawyer earlier or later in your claim, the lawyer’s contingency fee generally stays the same, as it is set by state law. Thus, it makes sense to get a lawyer involved early in your claim to ensure your benefits are properly administered and received. Don’t wait, call today.

If you have questions or would like to discuss your claim, contact our Bergen County Workers’ Compensation attorneys today.